A trustee may authorise use and occupation of trust land by third parties under a trustee lease.
A trustee lease:
may not be granted over more than one reserve or deed of grant in trust
must contain clauses that relate to the purpose of the trustee lease and rent
is subject to the prescribed terms regulated in the Land Regulation 2020 (irrespective of whether the tenure document refers to the prescribed terms).
This application does not require payment of an application fee.
The content on this page may help you decide if this application form applies to you and your needs. It will also help guide you through the application process. For detailed information and to ensure you complete the correct application form, we encourage you to arrange a pre-lodgement meeting and refer to the Land Act 1994. Contact your nearest business centre to arrange a meeting.
Use the button at the base of the page to acknowledge you have understood and this will allow you to access the application form.
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The trustee or their legal representative must make the application, not the proposed trustee lessee.
A trustee can lease all or part of the trust land. Recent changes to the Land Act 1994 have removed requirements for trustees who are the state or statutory body (as defined under the Act) to seek approval for trustee leases where they meet section 57 of the Act.
Trustees with written authorities may also be eligible where they meet the Act. Other trustees must still obtain written approval from the Department of Natural Resources and Mines, Manufacturing and Regional and Rural Development.
Use the self-assessment tool to identify if approval from the Department of Natural Resources and Mines, Manufacturing and Regional and Rural Development is required for the proposed trustee lease.
If you have questions, or the self-assessment tool has indicated you will require approval, contact the department to discuss the proposed lease and to ensure you have the information you need to apply correctly.
You may be required to provide a survey plan or sketch map of the proposed lease area. The Registrar of Titles directions for the preparation of plans (see section 5.7) will help you determine the most appropriate map or plan to prepare.
The prescribed terms framework aims to protect and clarify state and community interests in land that is subject to a trustee lease or trustee lease sublease created under the Land Act 1994. The prescribed terms:
define the legal requirements for entities holding a trustee lease or trustee lease sublease
ensure that the state's interest and public benefit assigned to the land is protected.
From 1 July 2020, the framework for prescribed terms replaced the mandatory standard terms document 711932933 (MSTD) that previously applied to these types of leases. Existing trustee leases or trustee lease sublease documents registered prior to 1 July 2020 are subject to the prescribed terms regardless of the MSTD.
If a definition or clause in the trustee lease document or a standard terms document is inconsistent with the prescribed term, the prescribed term prevails to the extent of the inconsistency.
You must read, understand and agree to the information on this page by selecting the blue "Agree" button at the bottom of the page.
To apply you will need to complete a trustee lease application and provide:
a draft trustee lease document
copy of the land management plan if it exists or has been drafted.
You can apply either:
online
by emailing or posting the completed printable PDF forms.
Submitting online applications
Select the green "Apply online now" button in the Next step section and complete the application.
Within the online application, there are tooltips to assist you to complete your application. Hover over the next to the form question to see the tip. You do not need to complete a Part A application.
Submitting PDF forms
To apply using the PDF forms, you'll need to download a trustee lease PDF form using the link provided in the Next step section.
Once completed, submit your PDF application forms by:
post to Department of Natural Resources and Mines, Manufacturing and Regional and Rural Development, PO Box 5318, Townsville QLD 4810.
This application does not require payment of an application fee.
We will assess your application against legislative requirements. We may seek the views of other stakeholders (e.g. state, regional and local agencies) and inspect the land if required.
The trustee is responsible for assessing native title and addressing any native title issues before the start of the trustee lease. The trustees granting a trustee lease over trust land must be taken in a way not inconsistent with the Native Title Act 1993 (Cth).
Once we have received the advice of other stakeholders and all issues have been investigated, we will send you a written notice of the decision. Your application may be:
approved
approved over a reduced area (approved in part)
refused.
The department’s approval of a trustee lease may be subject to conditions; for example, a management plan for the trust land may be required
If approved, you will be provided with a Titles Registry Form 18—General consent.
For the trustee lease to be valid, you must register it with the Titles Registry.
Information on this form, and any attachments, is being collected to process and assess your application under section 57 of the Land Act 1994. The consideration of your application may involve consultation, and if so details of your application may be disclosed to third parties. They will not be otherwise disclosed outside the department unless required or authorised by law.
We may wish to contact you to seek your views on our service, to advise you of any legislative changes that might affect you, or to seek your participation in surveys or programs relevant to your application type. Any participation will be voluntary, and you may email stateland@resources.qld.gov.au if you do not wish for the department to contact you.
We may also compile or analyse statistics and conduct research. Any publication of findings will not involve the publication of identifying personal information.
In terms of the Right to Information Act 2009 interested parties may seek access to the department’s records and view relevant documents.
next to the form question to see the tip. You do not need to complete a Part A application.